John Goodman

Dec 9, 2024 | natlawreview.com | John Goodman

An Illinois federal court ruled in favor of steel subcontractor Nucor in its contract dispute with Direct Steel. The project involved the construction of pre-engineering metal buildings for the Army Corps of Engineers. The general contractor, Direct Steel, subcontracted with Nucor for the supply of steel materials. The contract included a “Must Ship By Date” of May 29, 2021, that was not a delivery deadline but was for price protection only.

Nov 27, 2024 | natlawreview.com | John Goodman

It’s that time of year again when we Americans stop and give thanks for all that has been provided to us by gathering with friends and family to gorge ourselves on food. The traditional Thanksgiving meal, at least where I am from, always includes certain core dishes: turkey, dressing, sweet potato casserole, and cranberry sauce. These staples are what Thanksgiving is all about, but there’s always more: glazed ham, macaroni and cheese, green bean casserole, deviled eggs, and fruit salad.

Nov 21, 2024 | natlawreview.com | Whitt Steineker |Christopher H. Grigorian |R. Nicholas Englund |John Goodman

On October 30, 2024, in Alternative Global One, LLC v. Feingold, the New Jersey Appellate Division affirmed a trial court’s orders denying a New Jersey litigant’s motion to quash a subpoena for his deposition in underlying Florida litigation to which he was not a party. This decision illustrates that a litigant, even a non-party, must do more than assert blanket, unsubstantiated objections to a subpoena ad testificandum. The appeal arose from a Florida litigation. In Alternative Global One, LLC v.

Nov 21, 2024 | natlawreview.com | John Goodman

An Idaho court has confirmed an arbitration award for a general contractor who left a project and did not return after being told by the owner to “get the f*** off my site.” The case involves the construction of five buildings within 200 days. Dissatisfied with the contractor’s progress, the owner sent written notices demanding that the contractor cure defects within 30 days.

Oct 31, 2024 | natlawreview.com | John Goodman

All breaches are not created equal. A minor, technical breach may be deemed “immaterial.” Other breaches – so-called “material” breaches — deprive the non-breaching party of something important or essential to the purpose of the contract. Whether a breach is material or immaterial is normally a question for the finder of fact. The answer determines what remedy is available to the non-breaching party.